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arjie 2 hours ago

It was unclear from this summary but there are a few parties here: the original farmer A, the neighbouring family B, the city C, and the datacenter builder D.

A sold to C with the deed restriction

C sold to D without the restriction

B tried to sue to stop D from building the datacenter, but B has no standing.

Okay, that makes sense. It seems to me that A or C has standing, but not B. And depending on the way it's written (IANAL) perhaps only C has standing. But either way, B is just some random person in this relationship.

jjk166 2 hours ago | parent | next [-]

Why shouldn't B have standing? They presumably are residents of and taxpayers to city C, and they face property devaluation stemming from nearby municipal actions.

s1artibartfast 2 hours ago | parent [-]

you dont have standing from indirect harm or costs.

waynecochran an hour ago | parent [-]

What is the legal precedent for this statement? I am not disagreeing, I just would like to know what the law is.

everforward an hour ago | parent | next [-]

It would generally be the opposite, what law gives them standing to sue?

My knowledge as a non-lawyer generally agrees with above, most states won’t allow you to sue for neighbors doing something legal that decreases your property value (CA is the exception I’m aware of, and even then it’s a “sometimes” kind of thing).

I’m not even sure who they’d sue. Presuming the land is zoned for a datacenter, the datacenter is allowed to do datacenter things. You could sue the city to try to prevent the zoning, but sovereign immunity would preclude suing them for doing their job (zoning, in this case).

pessimizer 4 minutes ago | parent [-]

> neighbors doing something legal

The question is about doing something illegal, such as removing a covenant that was involved in a sale when reselling? If it is something that could have been objected to by the original seller (they would have had standing to sue) and they have not agreed to change the covenant (because they are dead), it seems as if anyone affected should be able to sue.

The breaking of the covenant is what is being sued over.

> Presuming the land is zoned for a datacenter, the datacenter is allowed to do datacenter things.

If my house is zoned for a possible datacenter, that doesn't mean that anyone can build a datacenter there - it is still my house. If there is a covenant that says that the land will be a park, that's the "zoning" by the seller being stricter than local zoning, which means that it also conforms to local zoning.

The zoning doesn't say "The land must be a datacenter."

edit: It would be bizarre if we can sue over terms of service as if they constitute law, but we couldn't sue over terms of sale. I can sue Facebook if they allow another user to violate their terms of service.

akramachamarei an hour ago | parent | prev | next [-]

According to https://en.wikipedia.org/wiki/Standing_(law) the requirements for standing were developed in the Constitution and elaborated in some later cases. To quote from the article, the apt criteria seem to me (2 of the 3):

1. Injury-in-fact: The plaintiff must have suffered or imminently will suffer injury—an invasion of a legally protected interest that is (a) concrete and particularized, and (b) actual or imminent (that is, neither conjectural nor hypothetical; not abstract).[44][45] The injury can be either economic, non-economic, or both.

2. Causation: There must be a causal connection between the injury and the conduct complained of, so that the injury is fairly traceable to the challenged action of the defendant and not the result of the independent action of some third party who is not before the court.[46] ---

The best way to understand why standing was not found is to read the court's ruling. Unfortunately (but not unusually) 404Media has not linked to the judgement. (I will try to find it.) My guess (IANAL) is the injury is hypothetical or conjectural.

akramachamarei an hour ago | parent | next [-]

Update: this is the most up-to-date info I could find: Case 15-25-00202-CV

https://search.txcourts.gov/Case.aspx?cn=15-25-00202-CV&coa=...

Pamela Griffin, Ralph Griffin, Michelle Griffin, Corey Griffin, Individually and as Trustee of The Griffin Revocable Living Trust, and Polly Randle

v.

NCP Travis TPP Project, LLC

But the records only go up to February 20th.

mothballed 32 minutes ago | parent | prev [-]

There was an interesting case Knife Rights v Garland (v1) where they determined you also don't have standing for imminent jeopardy if no one has done the imminent thing in decades in a way that results in criminal rather than just mere economic damages. This is why those in danger of getting a felony for interstate commerce of switchblades are unable to challenge the law because it's not considered an injury to merely have your business destroyed and your inventory seized.

mrhottakes an hour ago | parent | prev [-]

There isn't a single precedent; standing and jurisdiction are like 70% of civil procedure in law school. This page is a good jumping off point: https://www.law.cornell.edu/wex/standing

tptacek 8 minutes ago | parent [-]

Right, standing seems like a series of technicalities until you realize it's fundamentally what keeps judges from becoming philosopher-kings that control the entire rest of the government: judges only exercise power in actual cases and controversies between formally-identified parties.

Glyptodon 2 hours ago | parent | prev | next [-]

So there are two issues: (c) shouldn't be able to sell without the restriction, and (b) knowing of the restriction made decisions in good faith believing it would be followed and hence have been harmed by it not being followed, no? If (b) doesn't have standing, nobody does and deed restrictions are de facto useless.

IG_Semmelweiss an hour ago | parent [-]

(a) has to sue and they will prevail.

(b) does not have standing.

sleepybrett an hour ago | parent [-]

.. and if A is dead?

HWR_14 43 minutes ago | parent [-]

Property rights would inherit. So one of their relatives or heirs. If they had no one to inherit the restriction it would go to the state - but the state would have gotten the land unrestricted in that case anyway.

adjejmxbdjdn 5 minutes ago | parent | prev | next [-]

Are B not part of the city?

Why wouldn’t they have standing on an action by their government?

(This is a genuine question, not a rhetorical one).

HWR_14 44 minutes ago | parent | prev | next [-]

B doesn't have standing because they are indirectly harmed? So if I sell a home in an HOA without the HOA covenant on the deed, can the HOA sue? It seems they are also only indirectly harmed.

torstenvl 37 minutes ago | parent | next [-]

No because the HOA represents the other members of the community who were also subject to the same CCRs.

HWR_14 31 minutes ago | parent [-]

Why would that make them harmed?

IAmBroom 31 minutes ago | parent | prev [-]

My understanding is that the HOA could sue you, presuming that they baked into your purchase contract the force of their authority.

You would then have violated your contract with the HOA.

I also expect that the city violated their contract with A('s heirs). B still has no standing.

fsckboy 6 minutes ago | parent | prev | next [-]

"standing" is a made-up concept with a fairly short history. Remember how we look back at the early part of the 20th century as being filled with virtuous people at every level of industry and govt? me neither:

The modern U.S. doctrine of standing traces back to mid-20th-century Supreme Court cases that crystallized the “injury in fact,” causation, and redressability triad, but its roots lie in early 20th-century rulings such as Fairchild v. Hughes (1920) that first linked federal judicial power to a plaintiff’s concrete injury.

reactordev an hour ago | parent | prev | next [-]

In which case C should be held culpable for the violation of the terms from A. As the condition of the sale. B should not sue D, but C. Try to get an A witness.

gfisher 2 hours ago | parent | prev | next [-]

But that is how deed restrictions are enforced. If you didn't have that mechanism, then they would just not exist upon death, etc.

NDlurker 2 hours ago | parent | prev | next [-]

I wouldn't call a community member some random person.

general1465 27 minutes ago | parent | prev | next [-]

It is exactly same like when OEM will make you sign agreement that you won't try to reverse engineer the car, but if you will flip it without the restriction, then all is clear.

msandford an hour ago | parent | prev | next [-]

Please tell me how I can just strip deed restrictions simply because I don't like them and/or they're inconvenient for me.

Deed restrictions are the mechanism that basically all HOAs are built upon so if you can just skirt around them because $reasons there are millions of people who would like to know.

stronglikedan an hour ago | parent [-]

> Please tell me how I can just strip deed restrictions simply because I don't like them and/or they're inconvenient for me.

Easy - be a municipality. There's a reason the phrase "can't fight city hall" exists, and is for the most part universally true.

cogman10 an hour ago | parent | next [-]

Yeah, city law can easily override deed laws. But further, eminent domain allows the city to strip away deed restrictions through a "one weird trick". The city can eminent domain the land from themselves removing the restriction and then sell it privately.

The same way the city can eminent domain your home and put a road through it. The HOA can't stop the city from putting in a new road.

IAmBroom 29 minutes ago | parent [-]

Can they do so retroactively? If they didn't declare imminent domain beforehand, I'd expect this is contract violation.

But we're all guessing at Lawyer Facts(tm).

Avicebron 31 minutes ago | parent | prev | next [-]

So, the threat of violence (police/legal) if you complain about members of city hall lining their pockets with data center contracts.

like_any_other 29 minutes ago | parent | prev [-]

Dig up the names and addresses of the public officials responsible for that decision and watch the phrase disintegrate.

mindslight an hour ago | parent | prev [-]

B should have standing from the park designation creating a public easement. I'm guessing the deed restrictions are pretty thin, and that pages++ of legalese would have done a better job. But this is the exact dynamic that everyone (rightly) hates attorneys for, both on the giving side ($$$ to hire an attorney to copypasta all that crap), as well as on the receiving side (pages of legalese are bound to create a bunch of extra facets to be dealt with by both the city and residents). Rather than the same rough type of structure needing to be reinvented over and over out of common law cloth, we really need reform aimed at defining commonly understood constructs that can simply be instantiated by reference.